Legal Opinion · Concurrence

Tanner v. State

Supreme Court of Arkansas

Decided April 1, 1996No. CR 95-1064Published

1ConcurrenceAndree Layton Roaf, Justice

I concur with the result reached by the majority; however, I disagree with the basis for its holding. I would also reverse and dismiss this case, but only because the state has not shown that Tanner failed to object to the trial court’s ruling on excludability, and therefore waived his right to a speedy trial. The majority opinion also holds that a defendant is not required to challenge a trial court’s ruling excluding time for speedy-trial purposes immediately upon issuance of the trial court’s order. In doing so, the opinion seems to equate such a requirement as “placing the burden on the…

2Cases cited7 opinions

  1. Hicks v. StateSupreme Court of Arkansas · 1991
  2. Marshall v. StateSupreme Court of Arkansas · 1994
  3. Novak v. StateSupreme Court of Arkansas · 1987
  4. MacK v. StateSupreme Court of Arkansas · 1995
  5. State v. BrummettSupreme Court of Arkansas · 1994

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